Press Release (ePRNews.com) - Wasilla, AK - Dec 03, 2019 - When an employee is injured at work one may wonder whether he or she should file a workers’ compensation claim or a personal injury claim. While the question may be which is to be filed, the reality is there is a significant difference between the two options. Additionally, filing a personal injury claim may not always be an available remedy depending on the circumstances surrounding the case.
One article showed that there are five elements that are the marked difference between a workers’ compensation claim and a personal injury claim. These elements are fault, damages, the ability to sue, financial responsibility and the process of pursuing the claim.
When it comes to fault the article stated, “The most significant difference between a workers’ compensation claim and personal injury claim is how fault affects the claim. In a personal injury claim, the employer will only be responsible for compensating the victim if he or she is legally liable for the injuries, meaning that it was his or her fault. In a workers’ compensation claim, an injured worker can receive benefits regardless of fault.”
Generally, when it comes to a personal injury lawsuit the victim has to establish that the defendant was negligent. In order to establish negligence the victim must prove that the defendant had ‘some legal duty to the victim, breached the duty and the breach caused the victim to suffer quantifiable damages’. Whereas in a workers’ compensation case, the victim does not have to establish fault and the employee usually can receive benefits even if another employee’s actions caused the accident or if the employee was personally negligent.
In a personal injury claim, damages of the victim are based on the harm that he or she has suffered. Damages may include compensation for medical bills, lost wages, pain and suffering and emotional distress. In a workers’ compensation claim the value of benefits is usually based on the percentage of the injured worker’s average salary. Additionally, the injured employee is usually entitled to compensation for medical expenses and may be eligible for rehabilitation services and vocational retraining. It must be noted that pain and suffering damages are not typically available in workers’ compensation cases.
Workers’ compensation is set up in order to provide benefits to injured workers regardless of fault. By being covered by workers’ compensation the employee gives up their right to sue their employer but can sue a third party. In a personal injury claim there is no prohibition against suing a party; as long as the defendant was ‘directly and approximately’ responsible for the accident.
The insurance company pays for the benefits in a workers’ compensation case. In a personal injury claim the defendant may be covered by business insurance, vehicle insurance or other insurance; however, it is not common for a defendant to pay personally for the damages.
The process of pursuing a workers’ compensation claim requires the victim to file a claim with their employer’s workers’ compensation insurance company and follow the specific protocol. If the claim is denied the case proceeds through an administrative law judge. In a personal injury claim a victim may start looking for Ak compensation lawyers to bring forth a claim and attempt to negotiate a fair settlement. If the claim is denied the lawyer may file a lawsuit.
About the company:
The Crowson Law Group is a law firm of renowned professionals who specialize in personal injury matters. If you are looking for the best attorney for personal injury and car accident property damage lawyer, be sure to include Crowson Law Group in your search.
Address: Crowson Law Group
850 Roberts Street, Ste. 500
Wasilla, AK 99654
637 A Street
Anchorage, AK 99501
Phone: (907) 677-9393
Source : Crowsonlaw wasilla